What is 42CFR Part 2?

42CFR Part 2 is a federal law that protects confidentiality of the identity, diagnosis, prognosis, or treatment of any patient records maintained in connection with the performance of any federally assisted program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation or research.

The law and regulations were written during a time of great concern about the potential use of substance use disorder information against an individual.

The purpose of 42 CFR Part 2 is to ensure that a patient receiving treatment for a substance use disorder in a Part 2 program is not made more vulnerable than an individual with a substance use disorder who does not seek treatment.

Applies to federally assisted “alcohol and drug abuse” programs.

Patient consent must be obtained before sharing information from a program that is subject to 42 CFR Part 2.

Once this information has been disclosed, no redisclosure is permitted without the patient’s express consent to re-disclose or unless otherwise permitted under Part 2.

WE ADVOCATE FOR PROTECTING YOUR RIGHTS

IN THE NEWS

"Headed by the Legal Action Center, more than 100 treatment and recovery organizations have joined a “Campaign to Protect Patient Privacy Rights,” focused on maintaining the confidentiality of substance use disorder (SUD) patients. The campaign, launched last week, comes on the heels of legislative attacks on confidentiality. The first attack came in the Overdose Prevention and Patient Safety Act (H.R. 3545), which would place all SUD patient records under the much looser protections of the Health Insurance Portability and Accountability Act (HIPAA) and was proposed by Rep. Tim Murphy (R-Pennsylvania) (see ADAW, Aug. 7). The second attack came last week in a “bill to amend the Public Health Service Act to protect the confidentiality of substance use disorder patient records” (S. 1850) proposed by Sen. Joe Manchin (D-West Virginia). Also this summer, a group that includes the Hazelden Betty Ford Foundation and the American Society of Addiction Medicine emerged to repeal 42 CFR Part 2 (see ADAW, Aug. 7)."

“Many of us would not have gone to treatment or accepted services if we thought that our information would have been shared with other entities without our permission. We would not have put our careers, reputation or families at risk of stigma and discrimination if we were not assured that information about our substance use disorder was safe and would only be shared with our consent," Patty McCarthy Metcalf, Executive Director of Faces & Voices of Recovery, person in long-term recovery, recovery advocate

We are Faces & Voices of Recovery, the nation’s leading recovery advocacy organization since 2001. We aim to reduce the discrimination that keeps people from seeking recovery or moving on to better lives once they achieve it; and we support recovery-oriented policies and programs. We represent the voice of the over 23 million Americans in long-term recovery from alcohol and other drug addiction, and their families.

As an organized voice protecting the rights of individuals with substance use disorders, we are adamantly opposed to the dismantling of our critically important 42 CFR Part 2 confidentiality protections and we are opposed to the dismantling of the existing Public Health Law- which authorizes 42 CFR Part 2.

We are opposed to the Overdose Prevention and Patient Safety Act (HR 3545) and the exceptions it would make to the current public health law related to confidentiality of our health information. We do not want our information shared for purposes of treatment, payment, health care operations or for any other purpose beyond current rule without our express written consent.

Campaign to Protect Patient Privacy Rights

The Legal Action Center recently developed and circulated CONSENSUS PRINCIPLES on the continuing importance of the federal regulation for the confidentiality of substance use disorder patient records, 42 C.F.R. Part 2 ("Part 2"), in protecting the privacy of individuals in substance use disorder treatment. This regulation is particularly crucial in guarding against criminal prosecution, discrimination and other negative consequences; and supporting people entering and sustaining treatment and recovery.

We, the undersigned national, state, and local organizations, support maintaining the core protections of the federal substance use disorder patient confidentiality law (42 U.S.C. § 290dd-2) and regulations (42 C.F.R. Part 2), referred to collectively as “Part 2,” to effectively protect the confidentiality of patients’ records, for the following reasons: READ MORE

Privacy Policy

What Information Do We Collect?
When you visit our website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others browse our website.

Personal Information You Choose to Provide
We may request that you voluntarily supply us with personal information, including your email address, postal address, home or work telephone number and other personal information for such purposes as correspondence, placing an order, requesting an estimate, or participating in online surveys.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Website Use Information
Similar to other websites, our site may utilize a standard technology called "cookies" (see explanation below, "What Are Cookies?") and web server logs to collect information about how our website is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our website, and the sites visited just before and just after ours. This information is collected on an aggregate basis. None of this information is associated with you as an individual.

How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing service and support and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our website, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional standards designed to safeguard the security and privacy of all personal information provided by our users. You may at any time to notify us of your desire not to receive these offers.

What Are Cookies?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies are small pieces of data that are stored by a user's web browser on the user's hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that website by the same user or to use the information to streamline the user's transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

How Do We Use Information Collected From Cookies?
We use website browser software tools such as cookies and web server logs to gather information about our website users' browsing activities, in order to constantly improve our website and better serve our users. This information assists us to design and arrange our web pages in the most user-friendly manner and to continually improve our website to better meet the needs of our users and prospective users.
Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users to our website as they move from one page to another. Web server logs allow us to count how many people visit our website and evaluate our website's visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you.

Notice of New Services and Changes
Occasionally, we may use the information we collect to notify you about important changes to our website, new services and special offers we think you will find valuable. As a user of our website, you will be given the opportunity to notify us of your desire not to receive these offers by clicking on a response box when you receive such an offer or by sending us an email request.

How Do We Secure Information Transmissions?
When you send confidential personal information to us on our website, a secure server software which we have licensed encrypts all information you input before it is sent to us. The information is scrambled en route and decoded once it reaches our website.
Other email that you may send to us may not be secure unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as Social Security, credit card, or account numbers to us through an unsecured email.

How Do We Protect Your Information?
Information Security -- We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.
Evaluation of Information Protection Practices -- Periodically, our operations and business practices are reviewed for compliance with organization policies and procedures governing the security, confidentiality and quality of our information.
Employee Access, Training and Expectations -- Our organization values, ethical standards, policies and practices are committed to the protection of user information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.

How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us using the contact form provided to you within the site structure of our website.

Do We Disclose Information to Outside Parties?
We may provide aggregate information about our customers, sales, website traffic patterns and related website information to our affiliates or reputable third parties, but this information will not include personally identifying data, except as otherwise provided in this privacy policy.

What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

Permission to Use of Materials
The right to download and store or output the materials in our website is granted for the user's personal use only, and materials may not be reproduced in any edited form. Any other reproduction, transmission, performance, display or editing of these materials by any means mechanical or electronic without our express written permission is strictly prohibited. Users wishing to obtain permission to reprint or reproduce any materials appearing on this site may contact us directly.

Terms & Conditions

Donation Refund Policy

We are grateful for your donation and support of our organization. If you have made an error in making your donation or change your mind about contributing to our organization please contact us. Refunds are returned using the original method of payment. If you made your donation by credit card, your refund will be credited to that same credit card.

Automated Recurring Donation Cancellation

Ongoing support is important to enabling projects to continue their work, so we encourage donors to continue to contribute to projects over time. But if you must cancel your recurring donation, please notify us.